Legal Opinion

McQueen v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 18 opinions

Appeal from Butler Circuit Court. Tried before the Hon. J. R. TyroN. The appellant, Paul McQueen, was indicted and convicted for grand larceny. On the trial, the State introduced evidence tending to show that the defendant was guilty as charged. The defendant testified in his own behalf, and also introduced witnesses to his good character.

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Appeal from Butler Circuit Court. Tried before the Hon. J. R. TyroN. The appellant, Paul McQueen, was indicted and convicted for grand larceny. On the trial, the State introduced evidence tending to show that the defendant was guilty as charged. The defendant testified in his own behalf, and also introduced witnesses to his good character. The State then, in rebuttal, introduced generally, without objection, the record of the court showing that the defendant had been previously convicted of grand larceny. In its general charge, the court stated to the jury, that they might look to the fact…

1Opinion of the CourtBrickell, C. J.

In all criminal prosecutions, *55whether, of felony or misdemeanor, the accused may prove his good character, not only when a'doubt exists on the other proof, but even to generate a doubt of his guilt. Within the sense and meaning of the rule, character is the estimate put upon the defendant, the reputation he bears, in the neighborhood, or community, or society, in which he may reside, or in which he is known. — Haley v. State, 63 Ala. 83; Sullivan v. State, 66 Ala. 48 ; De Arman v. State, 71 Ala. 351. As it is general reputation which is the matter of inquiry, specific facts or acts are not…

2Cases cited8 opinions

  1. DeArman v. StateSupreme Court of Alabama · 1882
  2. Jones v. StateSupreme Court of Alabama · 1884
  3. Holland v. BarnesSupreme Court of Alabama · 1875
  4. Haley v. StateSupreme Court of Alabama · 1879
  5. Sullivan v. StateSupreme Court of Alabama · 1880

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Berger v. StateCourt of Appeals of Maryland · 1941
  3. Parker v. NewmanSupreme Court of Alabama · 1917
  4. Rector v. StateAlabama Court of Appeals · 1914
  5. Craven v. StateAlabama Court of Appeals · 1927

13 more not listed; retrieve them via the Exa API.

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